Article 2 These Measures shall apply to the examination and approval of main crop varieties in People's Republic of China (PRC).
Article 3 The main crops mentioned in these Measures refer to rice, wheat, corn, cotton, soybean, rape and potato, and other crops determined by the administrative department of agriculture of the provincial people's government. Article 4 The Ministry of Agriculture shall set up a national crop variety examination and approval committee to be responsible for the examination and approval of crop varieties throughout the country. The competent agricultural administrative department of the provincial people's government shall set up a provincial crop variety examination and approval committee, which shall be responsible for the examination and approval of provincial crop varieties.
Article 5 The Variety Approval Committee is composed of professionals in scientific research, teaching, production, popularization, management and use. Members should have senior professional and technical titles or above the division level, generally under the age of 55. The term of office is 5 years.
The Variety Approval Committee has a director 1 person and 2-5 deputy directors.
Article 6 The Variety Approval Committee shall set up an office, which shall be responsible for the daily work of the Variety Approval Committee, with a director 1 person and a deputy director 1-2 people.
Article 7 The Variety Approval Committee shall set up special committees according to the types of crops, and each special committee shall be composed of 1 1-23 persons, with 1 person as the director and 1-2 persons as the deputy director.
Article 8 The Variety Approval Committee shall have a chairman, consisting of the chairman, vice-chairmen, chairmen of various professional committees and the director of the office. Article 9 Units and individuals applying for variety approval (hereinafter referred to as applicants) may directly apply to the National Crop Variety Approval Committee or the Provincial Crop Variety Approval Committee.
Foreigners, foreign enterprises or other organizations that have no habitual residence or business premises in China apply for variety examination and approval in China, and shall entrust China seed research, production and management institutions with legal person status as agents.
Tenth varieties of rice, wheat, corn, cotton, soybean, rape and potato shall pass the national or provincial examination and approval. An applicant can apply for the national or provincial examination alone or at the same time, or for several provinces, autonomous regions and municipalities directly under the central government at the same time.
The main crop varieties determined by the administrative department of agriculture of the provincial people's government shall be examined and approved at the provincial level.
Article 11 Varieties applying for examination and approval shall meet the following conditions:
(1) Artificial breeding or discovery and improvement;
(2) It is obviously different from the existing varieties (other varieties that have been approved or accepted by the Variety Approval Committee at the same level);
(3) stable genetic traits;
(4) The morphological and biological characteristics are consistent;
(5) Having a name that meets the requirements for naming agricultural plant varieties;
(six) have completed more than 2 years in the same ecological type area variety comparison test. Among them, for those who apply for national variety approval, the comparative test of rice, wheat and corn varieties is not less than 20 points per year, and the comparative test of cotton, soybean, rape and potato varieties is not less than 10 points per year, or it has a provincial variety approval test result report; For the application for provincial variety approval, the comparative test of rice, wheat and corn varieties shall be no less than 10 every year, and the comparative test of cotton, soybean, rape, potato and major crop varieties determined at the provincial level shall be no less than 5 points every year.
If the applicant commits fraud, bribery and other improper acts in the process of applying for variety approval, his application will not be accepted within three years; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 12 To apply for variety approval, the following materials shall be submitted to the office of the Variety Approval Committee:
(1) An application form, including the crop variety and variety name (written guarantee that the application variety name is consistent with the name used in the new variety right of agricultural plants and the safety evaluation of agricultural genetically modified organisms); Name, address, postal code, contact person, telephone number, fax number and nationality of the applicant; Units or individuals that conduct variety breeding (hereinafter referred to as breeders);
(2) Variety breeding report, including parental combination and parental consanguinity, breeding method, hybrid generation and characteristic description; Description of variety characteristics (including hybrid parents), standard pictures, suggested test areas and cultivation points; Main defects of varieties and problems that should be paid attention to;
(3) Variety comparison test report, including test purpose, test varieties, test design, undertaker, resistance identification, quality analysis, yield results, data of each test site, summary results, etc. ;
(four) varieties and application materials authenticity commitment;
(5) Test report on genetically modified organisms;
(six) genetically modified cotton varieties should also provide agricultural genetically modified organisms safety certificate.
Article 13 The office of the Variety Approval Committee shall, within 60 days from the date of receiving the application, make a decision on whether to accept it or not, and notify the applicant in writing.
In accordance with the provisions of Article 11 and Article 12 of these Measures, it shall be accepted and the applicant shall be notified to provide test seeds within 30 days. For those who provide experimental seeds, the office will arrange variety tests. Failing to provide experimental seeds within the time limit shall be deemed as withdrawing the application.
Does not conform to the provisions of article eleventh and article twelfth of these measures, shall not be accepted. The applicant may state his opinions or modify the application materials within 60 days after receiving the notice. Failing to state opinions or propose amendments within the time limit shall be deemed to have withdrawn the application. If the amendment still does not meet the requirements, the application shall be rejected.
Article 14 The office of the Variety Approval Committee shall draw standard samples from the experimental seeds provided by the applicant and submit them to the institutions designated by the Ministry of Agriculture for preservation. Fifteenth variety test includes the following contents:
(1) regional test;
(2) production test;
(3) Variety specificity, consistency and stability test (hereinafter referred to as DUS test).
Varieties that have passed the provincial examination and approval and have more than two years' test data of the same ecological type area 10 in neighboring provinces, autonomous regions and municipalities directly under the central government may be exempted from regional tests and production tests when applying for national examination and approval.
Specific test methods shall be formulated and published by the Variety Approval Committee.
Article 16 The national variety regional test and production test shall be organized and implemented by the National Agricultural Technology Extension Service Center, and the provincial variety regional test and production test shall be organized and implemented by the provincial seed management institution.
DUS testing is organized and implemented by the New Plant Variety Testing Center of the Ministry of Agriculture.
Article 17 Regional trials should identify agronomic traits such as high and stable yield, adaptability, stress resistance and quality of varieties, and carry out DNA fingerprint detection and transgenic detection.
The regional test of each variety shall not be less than two production cycles, and the repeated test shall not be less than three times; There are no less than 10 experimental points in the same ecological type area at the national level and no less than 5 at the provincial level.
Article 18 DUS tests shall be carried out simultaneously with regional tests and in accordance with the requirements of corresponding crop test guidelines.
Nineteenth after the completion of regional trials, the high yield, stable yield, adaptability and stress resistance of varieties should be further verified in the same ecological type area according to the main local production methods and under the conditions close to field production.
The number of production test sites of each variety is not less than that of regional test sites, the planting area of a test site is not less than 300 square meters and not more than 3000 square meters, and the test time is not less than one production cycle.
Twentieth regional test and production test control varieties should be approved varieties produced in the same ecological type area at the same time, which are well representative.
The control varieties are put forward by the organization and implementation unit of variety test, confirmed by the relevant professional committees of variety examination and approval committee, and replaced in time according to the needs of agricultural production development.
The provincial crop variety approval committee shall report the reference varieties of provincial regional tests and production tests to the National Crop Variety Approval Committee for the record.
Twenty-first regional test, production test units should have independent legal personality, with the corresponding test site, equipment and technical personnel.
Technical personnel of variety test shall have college education or intermediate title, more than 3 years working experience in variety test, and receive relevant technical training on a regular basis.
Identification of stress resistance, quality testing, DNA fingerprinting and transgenic testing shall be undertaken by the testing institutions designated by the Variety Approval Committee.
Twenty-second varieties test organization and implementation units shall, jointly with the office of the Variety Approval Committee, regularly organize variety test return visits, check the test quality, evaluate the performance of the test varieties, and form inspection reports.
Twenty-third variety test organization and implementation units shall hold a variety test summary meeting within 60 days after the end of each production cycle. The professional committee of the Variety Approval Committee shall, according to the test summary results and test investigation, determine whether to terminate the test, continue the test and submit it for approval, and the office of the Variety Approval Committee shall promptly notify the applicant of the variety treatment results.
Article 24 A seed enterprise with a registered capital of 6,543.8+billion yuan, which integrates breeding, production and management, may conduct regional tests and production tests of this variety when applying for the examination and approval of major national crop varieties. The test plan shall be reported to the office of the National Crop Variety Approval Committee within 60 days before sowing for confirmation, and the test conditions and standards shall not be lower than the requirements of the national regional test and production test, and accept the variety test specified in Article 22 of these Measures. The specific measures shall be formulated and promulgated by the National Crop Variety Approval Committee. Article 25 For varieties that have completed the regional test, production test and DUS test procedures, the organization and implementation unit of variety test shall submit the data and summary results of each test site to the office of the Variety Approval Committee within 60 days.
Where the varieties specified in the second paragraph of Article 15 of these Measures apply for national-level examination and approval, the breeder shall submit the provincial-level examination and approval certificate, a copy of the examination and approval announcement, the production test summary report and DUS test report conducted by the breeder himself to the office of the National Crop Variety Examination and Approval Committee.
The office of the Variety Approval Committee shall submit the preliminary examination opinions to the relevant professional committees of the Variety Approval Committee within 30 days, and the professional committees shall complete the preliminary examination within 60 days.
Twenty-sixth varieties, professional committee shall convene a plenary meeting, the members of the meeting reached more than two-thirds of the total number of members of the professional committee, the meeting is valid. In the preliminary examination of varieties, in accordance with the examination and approval standards, the varieties that have obtained more than half of the total number of members of the professional Committee passed the preliminary examination by secret ballot.
Article 27 The challenge system shall be implemented in the first instance. The withdrawal of the director of the professional committee shall be decided by the office of the Variety Approval Committee; The withdrawal of other members shall be decided by the director of the professional Committee.
Twenty-eighth varieties that have passed the preliminary examination shall be publicized by the office of the Variety Approval Committee on the official website of the agricultural administrative department at the same level within 30 days, and the publicity period shall be no less than 60 days.
Twenty-ninth after the expiration of the publicity, the office of the Variety Approval Committee shall submit the preliminary examination opinions and publicity results to the chairman of the Variety Approval Committee for review. The chairman's committee shall complete the examination within 30 days. After examination and approval, through the examination and approval.
Thirtieth varieties that have passed the examination and approval shall be numbered by the Variety Examination and Approval Committee and issued with certificates, which shall be announced by the administrative department of agriculture at the same level.
Before the announcement, the administrative department of agriculture of the provincial people's government shall report the variety name and other information to the Ministry of Agriculture for publicity.
Article 31 The examination and approval number refers to the abbreviation of the examination and approval committee, the abbreviation of the crop variety, the year number and the serial number, in which the serial number is three digits.
Article 32 The contents of the examination and approval announcement include: examination and approval number, variety name, applicant, breeder, variety source, morphological characteristics, growth period, yield, quality, stress resistance, key points of cultivation techniques, suitable planting area and matters needing attention, etc.
The announcement of provincial variety approval shall be reported to the National Crop Variety Approval Committee for the record within 30 days after its release.
The variety name announced in the examination and approval announcement is the generic name of the variety. It is forbidden to change the generic name of this variety without authorization in the process of production, management and promotion.
Article 33 The contents of the examination and approval certificate include: examination and approval number, variety name, applicant, breeder, variety source, examination and approval opinions, announcement number and certificate number.
Thirty-fourth varieties that have not passed the examination and approval shall be notified to the applicant in writing within 30 days by the office of the Variety Examination and Approval Committee. If the applicant disagrees with the examination and approval results, he may apply to the original variety examination and approval committee for review within 30 days from the date of receiving the notice. The Variety Approval Committee shall review the reasons for review, the original approval documents and the original approval procedures during the next approval meeting. When the office of the Variety Approval Committee deems it necessary, it may arrange variety tests within a production cycle before the review.
The office of the Variety Approval Committee shall notify the applicant in writing of the review results within 30 days after the review.
Article 35 The standards for the examination and approval of rice, wheat, corn, cotton, soybean, rape and potato varieties shall be formulated by the State Crop Variety Examination and Approval Committee.
The standards for the examination and approval of major crop varieties determined by the provincial agricultural administrative department shall be formulated by the provincial crop variety examination and approval committee and reported to the national crop variety examination and approval committee for the record.
The formulation of variety approval standards should be publicly solicited. Thirty-sixth varieties that have passed the examination and approval shall be revoked in any of the following circumstances:
(a) found insurmountable shortcomings in the process of use;
(2) the species is seriously degraded;
(3) Failing to provide standard samples of varieties as required.
Thirty-seventh varieties to be revoked shall be put forward by the office of the Variety Approval Committee after soliciting the opinions of breeders or variety owners in writing, and shall be publicized on the official website of the agricultural administrative department at the same level after preliminary examination by the professional Committee for a period of not less than 60 days.
After the expiration of the publicity period, the office of the Variety Approval Committee will submit the preliminary examination opinions and publicity results to the chairman of the Variety Approval Committee for review, and the chairman shall complete the review within 30 days. If it is approved to be withdrawn after examination, it shall be announced by the agricultural administrative department at the same level.
Thirty-eighth varieties announced to withdraw from the date of announcement to stop production, and stop operating and promoting after a production cycle of announcement to withdraw. When the Variety Approval Committee deems it necessary, it may decide to stop its operation and promotion as of the date of revocation of the announcement.
The announcement of revocation of provincial varieties shall be reported to the National Crop Variety Approval Committee for the record within 30 days after its release. Thirty-ninth variety testing, examination and approval units and their staff have the obligation to keep the business secrets of the applicant known in the process of testing and examination and approval, and may not provide seeds for variety examination and approval or seek illegal interests.
Fortieth, if a variety test unit practices fraud, its qualification for variety test shall be cancelled, and the administrative responsibility and civil liability of the unit and its relevant responsible persons shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-first variety approval staff who practise fraud, engage in malpractices for selfish ends, abuse their powers, neglect their duties and accept bribes shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 42 With the consent of the agricultural administrative departments of the people's governments of neighboring provinces, autonomous regions and municipalities directly under the Central Government, the main crop varieties that have passed the provincial examination and approval may be introduced in the same suitable ecological zone of neighboring provinces, autonomous regions and municipalities directly under the Central Government, but the introduction test shall be carried out in the promotion area first to prove their applicability.
Forty-third the funds needed for crop variety approval and variety test shall be included in the special financial budget of the agricultural administrative department at the same level, and no fees shall be charged to the applicant.
The examination and approval of forty-fourth silkworm varieties shall be carried out with reference to these measures.
Measures for the examination and approval of varieties of genetically modified crops (excluding genetically modified cotton) shall be formulated separately.
Article 45 These Measures shall come into force on February 20 14, and the Measures for the Examination and Approval of Main Crop Varieties issued by the Ministry of Agriculture on February 26, 2006 and revised on October 8, 2007 shall be abolished at the same time.